Raleigh Simple Assault Lawyer
John McWilliam, PLLC offers skilled defense and guidance through the legal process for misdemeanor simple assault charges in Raleigh and the surrounding areas of Wake County.
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John McWilliam, PLLC-
Experienced Defense Lawyer for Wake County Simple Assault Cases
Being charged with misdemeanor simple assault in North Carolina can be stressful and overwhelming. If you’re facing criminal allegations in Wake County, it’s important to have a simple assault lawyer who understands how these cases are built and how to challenge them.
John McWilliam, PLLC is known for closely investigating the facts and exposing weaknesses in the State’s case, making him a strong advocate for people charged with simple assault.
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Contact John McWilliam, PLLC, a trusted Raleigh simple assault lawyer
Misdemeanor Simple Assault Laws In North Carolina
North Carolina handles simple assault under N.C. General Statute § 14-33, which outlines the different types of misdemeanor assault and their corresponding penalties. Although simple assault is the lowest-level assault charge in the state, it still carries criminal consequences and can affect employment, licensing, custody matters, and future background checks.
Under N.C.G.S. § 14-33(a), “simple assault, simple assault and battery, and simple affray” are classified as Class 2 misdemeanors. Because the statute does not define “assault,” courts rely on long-standing interpretations:
- An assault is an act or attempt that causes a person to reasonably fear immediate bodily harm.
- Assault and battery occurs when there is unlawful physical contact, even if the force is minimal.
- A simple affray involves a public fight that causes fear or disruption.
Under these definitions, physical contact is not required—threatening behavior or attempted contact may be enough for a charge.
Benefits of Hiring John McWilliam, PLLC for Simple Assault Charges in Wake County
Simple assault cases often come down to conflicting stories, eyewitness credibility, police interpretation, and key details that can easily be overlooked. Working with John McWilliam, PLLC means having an assault defense lawyer who understands how to break down those facts and present a strong, strategic defense.
Over 30 Years of Criminal Defense in the Raleigh Area
John has represented clients in Raleigh and throughout Wake County since 1993, appearing before local judges and understanding how prosecutors evaluate misdemeanor assault cases. His decades of courtroom experience allow him to determine which facts matter most and how to position each case for the best possible result.
Careful Evaluation of the Allegations Against You
Simple assault charges often depend on a brief moment in time—a gesture, a comment, a raised voice, or physical contact that is interpreted differently by the parties involved. John reviews every part of the State’s case, looking for gaps in the narrative, biased observations, credibility issues, and inconsistencies that can weaken the accusation.
Working Toward Dismissed or Reduced Charges
John’s goal is always to put his clients in the strongest possible position for a reduction or dismissal when the law and facts allow it. This may involve challenging the State’s evidence, negotiating for lesser offenses like “disorderly conduct,” or pursuing diversion programs and deferral options available. When a dismissal is not possible, he works to minimize long-term consequences and protect your future.
Strong Trial Reputation in Assault Cases
Some lawyers look to resolve assault charges quickly through plea agreements. John is known for being prepared to try cases when necessary—an approach that can significantly influence negotiations and outcomes.
Penalties for Misdemeanor Simple Assault Convictions
Even though simple assault is typically a misdemeanor, the impact can be significant and long-lasting.
Potential Criminal Penalties
Depending on the circumstances, simple assault can result in Class 2 or Class A1 misdemeanor charges. Penalties may include fines, probation, anger management requirements, or jail time
Employment and Professional Risks
Because assault is considered a “violent offense,” it can raise concerns for employers and may impact professional licensing or future job opportunities. Background checks for healthcare, childcare, government work, and corporate roles often flag assault allegations and convictions.
Child Custody and Parenting Agreements
In North Carolina, family courts may consider an assault conviction when evaluating child custody because judges must prioritize a child’s safety and emotional well-being. Even a misdemeanor record can raise concerns about stability, which may influence visitation, parenting time, or future custody modifications.
Other Financial and Personal Consequences
Court costs, time away from work, legal fees, and probation conditions can create financial burdens. Additionally, a conviction for simple assault can strain relationships and create long-term emotional stress.
Loss of Gun Rights
While simple assault alone does not always result in gun restrictions, related or elevated offenses may affect firearm ownership under both state and federal law.
For instance, under the federal “Lautenberg Amendment,” or 18 U.S. Code § 922 anyone convicted of a misdemeanor crime of domestic violence is prohibited from possessing or purchasing firearms. In North Carolina, law N.C.G.S. § 50B-3.1 indicates that a valid Domestic Violence Protective Order (DVPO) generally prohibits the defendant from possessing or purchasing firearms for the duration of the order.
These laws apply even if the offense is a misdemeanor assault, as long as the victim is a qualifying domestic relationship (spouse, partner, co-parent, etc.).
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Contact John McWilliam, PLLC, a trusted Raleigh simple assault lawyer
Types Simple Assault Cases Our Raleigh Lawyer Represents
Simple assault cases in North Carolina can fall under several categories depending on the circumstances, the relationship between the parties, and whether any injury occurred.
Simple Assault (Class 2 Misdemeanor)
Although a Class 2 misdemeanor is one of the lower-level charges in North Carolina, the penalties can still be significant. Sentencing depends on a defendant’s prior record level.
Possible penalties include:
- Up to 60 days in jail
- Fines (amount varies at the judge’s discretion)
- Probation (supervised or unsupervised)
- Court-ordered conditions, such as anger management or substance treatment
- Restitution when applicable
Elevated Charges for Simple Assault (Class A1 Misdemeanor)
A Class A1 misdemeanor is the highest-level misdemeanor in North Carolina, carrying a possible sentence of up to 150 days in jail, along with probation, community punishment, or active time depending on a person’s prior record level. Courts may also impose additional conditions such as no-contact orders, counseling, anger-management programs, or substance-abuse treatment when appropriate.
These types of assault are examples of elevated misdemeanor charges:
- Assault on a female
- Assault on a child under 12
- Assault that inflicts serious injury or involves a deadly weapon
- Assault on a government officer or employee
Schedule a Free Consultation for Simple Assault Charges with John McWilliam, PLLC
A simple assault charge can affect your job, your reputation, and your future. Early action is one of the best ways to protect yourself and begin building a strong defense. Taking the first steps now can make a meaningful difference in the outcome of your case.
Contact John McWilliam, PLLC, a trusted Raleigh simple assault lawyer, today by calling 919-772-4000 or pressing the “free consultation” button to complete our online contact form.